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Jane Alam Daud and Ors vs State and Anr

Delhi High Court · Decided on 8 December 2011 · Citation: (2012) 1 AD 312

HON’BLE JUDGES
Suresh Kait, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 34, 406, 498A
RESULT
Allowed
CASE NUMBER
Criminal M.C. No. 4075 of 2011
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Judgment

13 paragraphs · 337 words

Suresh Kait, J.—Notice issued.

2.

Ms. Rajdipa Behura, learned APP on behalf of State/ respondent No. 1 and Mr.J. P. Sehrawat, learned counsel on behalf of respondent No. 2 accept notice.

3.

Learned counsel for the petitioners submits that vide FIR No. 68/2010 dated 20.03.2010 case u/s 498A/406/34 Indian Penal Code, 1860 was registered against the petitioners at police station Adarsh Nagar, Delhi on the complaint of respondent No. 2.

4.

Learned counsel for the petitioners further submits that vide settlement dated 10.01.2011, matter had been settled between the parties and petitioner No. 1/husband had agreed to pay a total sum of Rs. 1.75 Lacs in total to respondent No. 2.

5.

Respondent No. 2 Smt.Mehzabi D/o late M.Summi, present in the Court with her learned counsel Mr.J. P. Sehrawat, who duly identifies her. In addition, Investigating Officer, SI Sunny Kumar also present in the Court and identifies her as respondent No. 2.

6.

Learned counsel for the respondent No. 2, on instructions submits that the matter has been settled at Mediation Centre, Rohini District Courts, Delhi on 10.01.2011. Pursuant thereto, total amount of Rs. 1.75 Lacs has already been received by her. She has accepted the same without any protest. She has no objection, if the present FIR is quashed.

7.

Ms.Rajdipa Behura, learned APP for State on instructions submits that investigation is under progress.

8.

Learned counsel for the petitioners submits it has also been agreed that the contempt petition filed by respondent No. 2 shall be withdrawn by her.

9.

Learned counsel for the respondent No. 2 has agreed thereto.

10.

Accordingly, both the parties have ensured this Court that they shall comply with whatever agreed to by them before this Court.

11.

Keeping the settlement dated 10.01.2011 and the fact that respondent No. 2 is not interested in pursuing her case further, into view, FIR No. 68/2010 registered against the petitioners at police station Adarsh Nagar, Delhi is hereby quashed.

12.

Consequently, Criminal M.C.No. 4075/2011 is allowed and stands disposed of.

13.

Dasti.